Section § 5675

Explanation

This law outlines that a program is set up and run by the Department of Parks and Recreation and the Department of Fish and Game. It gets its funding from a specific account in the Energy and Resources Fund, which is meant for local assistance grants for urban fishing projects. These funds are allocated according to a specific budget item from 1981 and any later budget acts that provide money for the program.

The program established by this chapter shall be administered jointly by the Department of Parks and Recreation and the Department of Fish and Game and shall be funded by moneys appropriated from the Resources Account in the Energy and Resources Fund to the Department of Parks and Recreation for local assistance grants for urban fishing projects pursuant to category (b) of Item 379-101-190 of the Budget Act of 1981 and pursuant to provisions of any budget acts enacted subsequent thereto that appropriate funds for the program.

Section § 5676

Explanation

This law says that the Department of Parks and Recreation is mainly in charge of approving plans to fix up urban lakes and handling related grants. They have to follow the rules and criteria set out in this chapter. The Department of Fish and Game will check if the lakes can actually be improved and will offer technical advice. Both departments need to agree together before any project gets funding.

The Department of Parks and Recreation shall have principal responsibility for the review and approval of proposals for rehabilitating urban lakes in accordance with the eligibility requirements, evaluative criteria, and procedures specified in this chapter and for the administration of grants made pursuant to this chapter. The Department of Fish and Game shall be responsible for determining the rehabilitative potential of lakes proposed for funding and shall serve primarily in a technical and advisory capacity. The final decision to provide funding for each project shall be based on the cooperative deliberation and mutual determination of both departments.

Section § 5677

Explanation

This law outlines the requirements for a project to receive funding for lake rehabilitation in urban areas. First, the lake must be in a city setting and near economically disadvantaged communities. It should be accessible by public transportation and have clear public interest for sportfishing rehabilitation. The lake must be at least three acres in size and located in a public park managed by the applicant. The applicant must own or lease the lake for at least 25 years. Additionally, a detailed rehabilitation plan demonstrating the potential for supporting fish populations, outlining rehabilitation and maintenance costs, and assessing project benefits must be submitted for consideration.

To be eligible for funding pursuant to this chapter, a project shall satisfy all of the following conditions:
(a)CA Public Resources Code § 5677(a) The lake is situated in an urbanized area of a standard metropolitan statistical area.
(b)CA Public Resources Code § 5677(b) The lake is close to, and accessible by residents of, an area comprised of economically disadvantaged persons.
(c)CA Public Resources Code § 5677(c) The lake is served by public transportation and is readily accessible by a large proportion of the residents of the entire metropolitan area.
(d)CA Public Resources Code § 5677(d) There is significant and demonstrated public support and interest in the community for rehabilitating the lake for sportfishing purposes.
(e)CA Public Resources Code § 5677(e) The lake currently has, or when rehabilitated will have, a water surface area of not less than three acres.
(f)CA Public Resources Code § 5677(f) The lake is located in a public park or recreation area operated and currently staffed by the applicant.
(g)CA Public Resources Code § 5677(g) The lake is held in fee by the applicant or is leased by the applicant for a term of not less than 25 years.
(h)CA Public Resources Code § 5677(h) The applicant has prepared, and submitted as part of the grant proposal, a plan for rehabilitating the lake that includes evidence of the potential for the lake, when rehabilitated, to support and sustain a fish population through natural reproduction; techniques, procedures, and costs projected for the rehabilitation and future maintenance and operation of the lake; and an assessment of the benefits to be derived from implementing the proposal. The plan shall be suitable for forming the basis of the agreement specified in Section 5680 if the proposal is approved.

Section § 5678

Explanation

This law section outlines how projects that meet certain requirements are evaluated and ranked based on several criteria for implementing urban fishing programs at lakes. The criteria include the local community's needs, with priority given to projects benefiting economically disadvantaged and special populations. It also considers the applicant's ability to start the project right away, low future maintenance costs, past project performance, opportunities for diverse recreational use, and ensuring a wide spread of fishing programs across urban areas.

With respect to any project proposal that has satisfied all the conditions of Section 5677, the departments shall use all of the following criteria to evaluate the relative desirability and establish a ranking of all proposals:
(a)CA Public Resources Code § 5678(a) An assessment of the needs to be satisfied by an urban fishing program at the lake, based on the total population, income levels, age groups, special populations, availability of other recreational facilities in the area, and such other factors or characteristics of the area as the Department of Parks and Recreation deems necessary for a full evaluation of the proposal. Priority shall be assigned to proposals that will serve a higher proportion of economically disadvantaged persons and special populations relative to those to be served under other proposals.
(b)CA Public Resources Code § 5678(b) The willingness and ability of the applicant to commence work immediately upon receiving a grant.
(c)CA Public Resources Code § 5678(c) The lake, when rehabilitated, will have relatively lower maintenance and operation costs.
(d)CA Public Resources Code § 5678(d) The applicant’s project completion rate with respect to local assistance grants made pursuant to other programs administered by the Department of Parks and Recreation and the applicant’s general stewardship record with respect to its parks and recreation facilities.
(e)CA Public Resources Code § 5678(e) The existence of opportunities for alternative and multiple-use recreational activities at the lake and surrounding parkland or open-space areas.
(f)CA Public Resources Code § 5678(f) Funding the proposal will further a broad geographical spread of urban fishing programs among metropolitan areas.

Section § 5679

Explanation

This law allows cities, counties, or districts that manage park and recreational facilities to receive grants. These funds can only be used to improve lakes through activities like dredging, adding aeration for water quality, stabilizing and repairing shorelines, revamping basins, stocking fish, and adding protective structures like rock shelters and seal coats.

Grants may be made to a city, county, or district that provides park, recreation, or open-space facilities and services and will operate and maintain the lake. Grants may be expended only for the rehabilitation and enhancement of lakes, consisting of improvements such as dredging, water aeration, shoreline stabilization and reconditioning, basin reconditioning, fish stocking, and installation of rock shelters, seal coats, and rip-rap.

Section § 5680

Explanation

This law states that before a grant for an urban fishing lake project can be given out, the recipient must complete two conditions. First, they must sign a 25-year agreement with the Department of Parks and Recreation about how they will manage the lake, including its rehabilitation and upkeep. Second, the recipient's legal team must confirm that all relevant laws, like environmental and public health regulations, are or will be followed before using the funds.

Disbursement of a grant for an approved proposal shall be contingent on the recipient’s completion of both of the following conditions:
(a)CA Public Resources Code § 5680(a) The grant recipient shall enter into an agreement with the Department of Parks and Recreation specifying the terms and conditions under which it shall rehabilitate, develop, maintain, and operate the urban fishing lake. The minimum term for the agreement shall be 25 years.
(b)CA Public Resources Code § 5680(b) The legal counsel of the grant recipient shall certify to the satisfaction of both departments that the recipient has met, or will meet prior to expenditure of any grant funds, all federal, state, and local environmental, public health, relocation, affirmative action, and clearinghouse requirements and other applicable laws and regulations.

Section § 5681

Explanation

This section explains that the Department of Parks and Recreation is responsible for outlining how to apply for grants. They set the rules and conditions for these grants and manage how the funds are distributed.

Consistent with the provisions of this chapter, the Department of Parks and Recreation shall specify the procedures to be followed in applying for grants, establish the terms and conditions under which grants shall be made, and administer the disbursement of all grant funds.

Section § 5682

Explanation

If you receive grant money, you need to have specific plans for spending it within two years. If you don’t, the money goes back to the original fund.

Grant funds shall be encumbered by the recipient within two years of disbursement. Any grant funds not encumbered within this period shall revert to the Resources Account in the Energy and Resources Fund.

Section § 5683

Explanation

If a lake's rehabilitation is funded under this law, no fees can be charged for fishing there. However, fees unrelated to fishing are allowed.

The grant recipient or any instrumentality of the recipient shall not charge any fee for fishing at any lake the rehabilitation of which is financed, in whole or part, pursuant to this chapter. This prohibition does not extend to any fee charged by the recipient for any facility or service that is unrelated to fishing at a lake.

Section § 5684

Explanation

This law states that the program described in the chapter does not give the Department of Parks and Recreation or the Department of Fish and Game the authority to hire more staff or set up new administrative units.

This chapter is not intended, nor shall it be construed, to authorize either the Department of Parks and Recreation or the Department of Fish and Game to establish any additional personnel positions or create any new administrative section in connection with the program established by this chapter.

Section § 5685

Explanation

In the 1981-82 fiscal year, the Department of Parks and Recreation gave grants to test how to best rehabilitate lakes for sportfishing. These grants were for lakes in major metro areas that represented different sizes, characteristics, and levels of pollution to figure out which are best suited for an urban fishing program.

In order to facilitate the earliest possible start of the urban fishing program and to gain familiarity with the types of lakes that are most suitable for rehabilitation for sportfishing purposes, the Department of Parks and Recreation shall make grants, on a demonstration basis during the 1981–82 fiscal year only, for the rehabilitation of lakes that satisfy the requirements and criteria set forth in this chapter and are representative of lakes of different size, physical characteristics, and degree of degradation found in major metropolitan areas of the state.

Section § 5686

Explanation

This law states that no grants can be made under the referenced chapter after the Energy and Resources Fund is abolished. However, if a new law is enacted before the fund is abolished and changes the rules, grants may still be possible.

No grant shall be made under this chapter on or after the date on which the Energy and Resources Fund is abolished, unless a later enacted statute which is chaptered before that date changes the requirements of this section.